In re Tobin
Appellate Division of the Supreme Court of the State of New York
• Appeal by the relator, Margaret Tobin, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of January, 1901, denying her application for a peremptory writ of mandamus directed to John J. Scannell, as fire commissioner of the city of New York and as trustee of the New York fire department pension fund, commanding him to pay the relator the sum of $1,350 and to place her name…
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• Appeal by the relator, Margaret Tobin, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of January, 1901, denying her application for a peremptory writ of mandamus directed to John J. Scannell, as fire commissioner of the city of New York and as trustee of the New York fire department pension fund, commanding him to pay the relator the sum of $1,350 and to place her name among those entitled to pensions and to pay her the sum of $300 per year thereafter.
1Dissent
Goodrich, P. J. (dissenting):
This appeal requires a construction of the language,of section 15 of title 13 of the former charter of the city of Brooklyn (Laws of 1888, chap. 583), as amended by chapter 153 of the Laws of 1889,, and a decision as to whether the word may as therein used is tantamount to must.
The relator is the widow of. John Tobin, who died 'November 1, 1895, and who, after having been for more than ten years a member of the fire department of Brooklyn, had been retired upon a pension, in accordance with the provisions of the section in question. She applied for a peremptory…
2Cases cited4 opinions
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
- Hagadorn v. . RauxNew York Court of Appeals · 1878
- In re TobinAppellate Division of the Supreme Court of the State of New York · 1900
- Matter of TobinNew York Court of Appeals · 1900